† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Criminal Injustice is published every Wednesday at 6 pm CST.

The Year of the Vote
by Nancy A. Heitzeg

“In 1965, when President Johnson signed the landmark Voting Rights Act into law, he proclaimed that, ‘the right to vote is the basic right, without which all others are meaningless.’

Obama Vote by Shephard Fairey

Today, as Attorney General, I have the privilege – and the solemn duty – of enforcing this law, and the other civil rights reforms that President Johnson championed. This work is among the Justice Department’s most important priorities. And our efforts honor the generations of Americans who have taken extraordinary risks, and willingly confronted hatred, bias, and ignorance – as well as billy clubs and fire hoses, bullets and bombs – to ensure that their children, and all American citizens, would have the chance to participate in the work of their government. The right to vote is not only the cornerstone of our system of government – it is the lifeblood of our democracy. And no force has proved more powerful – or more integral to the success of the great American experiment – than efforts to expand the franchise.

Despite this history, and despite our nation’s long tradition of extending voting rights – to non-property owners and women, to people of color and Native Americans, and to younger Americans – today, a growing number of our fellow citizens are worried about the same disparities, divisions, and problems that – nearly five decades ago – LBJ devoted his Presidency to addressing. In my travels across this country, I’ve heard a consistent drumbeat of concern from many Americans, who – often for the first time in their lives – now have reason to believe that we are failing to live up to one of our nation’s most noble, and essential, ideals.”

As we enter another election cycle, our most urgent challenge will be to ensure that the right to vote and the right to have that vote counted is protected. It comes as no surprise that this “basic right, without which all others are meaningless” has come under massive attack as we prepare to re-elect the first Black POTUS, who was swept into office by voters of color, youth and women.

Voter suppression efforts take a variety of forms. Certainly there are the blatant efforts to legislatively restrict access to the franchise via legal barriers such as recent changes that require voter identification and documentation of citizenship, limit early and absentee voting, make voter registration more difficult and further restrict the voting rights of former felons. These tactics are favored by the right, and disproportionately impact communities of color particularly African Americans, Latino/as and American Indians. Recent research of felony disenfranchisement alone, for example, indicates that felony disenfranchisement and the over-representation by race has already and will continue to impact the outcome of both national and state-level elections. In all cases, Republicans benefit.

This is what we are up against in 2012. And up against it in an election cycle that will be — courtesy of the SCOTUS and Citizens United v Federal Election Commission (2010) – awash in unlimited, unprecedented gushers of corporate money.

As the year progresses, CI will continue to detail these disenfranchisement efforts and offer action options towards resistance and successful GOTV. For now, here is a brief over-view of the current landscape.

These new restrictions fall most heavily on young, minority, and low-income voters, as well as on voters with disabilities. This wave of changes may sharply tilt the political terrain for the 2012 election. Based on the Brennan Center’s analysis of the 19 laws and two executive actions that passed in 14 states, it is clear that:

~ These new laws could make it significantly harder for more than five million eligible voters to cast ballots in 2012.

~ The states that have already cut back on voting rights will provide 171 electoral votes in 2012 – 63 percent of the 270 needed to win the presidency.

~ Of the 12 likely battleground states, as assessed by an August Los Angeles Times analysis of Gallup polling, five have already cut back on voting rights (and may pass additional restrictive legislation), and two more are currently considering new restrictions.

States have changed their laws so rapidly that no single analysis has assessed the overall impact of such moves. Although it is too early to quantify how the changes will impact voter turnout, they will be a hindrance to many voters at a time when the United States continues to turn out less than two thirds of its eligible citizens in presidential elections and less than half in midterm elections.

”You start out in 1954 by saying, ‘N#$%*r, n#$%*r, n#$%*r.’ By 1968 you can’t say ‘n#$%*r’ — that hurts you. Backfires. So you say stuff like forced busing, states’ rights and all that stuff. You’re getting so abstract now [that] you’re talking about cutting taxes, and all these things you’re talking about are totally economic things and a byproduct of them is [that] blacks get hurt worse than whites.

”And subconsciously maybe that is part of it. I’m not saying that. But I’m saying that if it is getting that abstract, and that coded, that we are doing away with the racial problem one way or the other. You follow me — because obviously sitting around saying, ‘We want to cut this,’ is much more abstract than even the busing thing, and a hell of a lot more abstract than ‘N#$%*r, n#$%*r.”’

Of course, the appeals to racial hysteria are only magnified when the target is the first Black POTUS. And all right wing the madness of the past four years and the madness yet to come is about race — from You lie!” to birthers to a tea-party gone woefully wrong, to this recent Fox news question – ” How long do you think Sean Hannity’s show would last if four times in one sentence, he made a comment about, say, the President of the United States, and said that he looked like a skinny, ghetto crackhead? Which, by the way, you might want to say that Barack Obama does.”

All these efforts – right and left- will escalate. Be prepared to recognize and challenge them.

Action for 2012

In the coming weeks and months, CI will continue to offer information and resources to counter voter suppression attempts. Obey-Vote by Shepard FaireyFor now, here are some preliminary actions you can take:

~ Join Organizing for America. The re-election of Barack Obama and the return of Congress to Democratic control is imperative. No, Urgent.

~ Commit to bringing at least one first-time voter to the polls with you. Start Now.

“So, let us act – with optimism and without delay. Let us rise to the challenges – and overcome the divisions – of our time. Let us signal to the world that – in America today – the pursuit of a more perfect union lives on.

What can I say sister Nancy except say that your essay is beautifully done!

This is a message for all ears to hear. We may look like we are living in a post racial society but systemic racism is everywhere and has been alive for decades even after the Civil Rights Act and each day the Republican’s are looking to find a way to cheat us by passing bogus laws that will disenfranchise many people of color.

Today more than ever, we must expose these coded bigoted acts of the Republicans and their racists policies. We must ensure that every American of voting age has their one vote protected.

Nancy, you have done a great job showing the effect these Republican legislations has had on voting rights to date and it’s effect will indeed have massive implications in the 2012 election. A reason for all of us to not be complacent and working hard to register new voters.

Hey, folks, my regular sign-in isn’t working tonight, so I’m commenting and “liking” as a guest. So if you see “and 1 more person” on your recs, that’s probably me! I’ll try to get this sorted out, but it won’t happen tonight!

I had a lot of trouble logging in, as well. It took several tries. Weird.

Anonymous

This is a critical diary and so well done. If the Democrats do not wake up and fight back against all of these forms of voter suppression we are going to find ourselves with another stolen election…only this one will be stolen in a far more subtle and insidious way because it will be legalized theft.

Thanks so much for this and especially for all of the excellent links and actions.

As always, deepest, deepest respect.

rubyr

Anonymous

This is a critical diary and so well done. If the Democrats do not wake up and fight back against all of these forms of voter suppression we are going to find ourselves with another stolen election…only this one will be stolen in a far more subtle and insidious way because it will be legalized theft.

Thanks so much for this and especially for all of the excellent links and actions.

This is great! Lots of work ahead indeed. The Supreme Court may yet get their chance to erase the Voting Rights Act from history fairly soon. There’s now the Texas suit plus another one in SC that looks like it could be fast tracked – in that one, they allege that the VRA actually discriminates against WHITES.

(In fact, do you want someone to write about the upcoming VRA challenges for CI?)

I have been wanting to write about it anyway, because SCOTUSBlog has been raising alarms over it (and usually they’re so straightforward that seeing them almost panicked is very scary.) So if you’d like that I would definitely be up for it.

I didn’t really want to waste my time with it elsewhere, and the only place I could’ve posted it was on my new blog but that doesn’t have many visitors so it wouldn’t get read.

Anonymous

I have been wanting to write about it anyway, because SCOTUSBlog has been raising alarms over it (and usually they’re so straightforward that seeing them almost panicked is very scary.) So if you’d like that I would definitely be up for it.

I didn’t really want to waste my time with it elsewhere, and the only place I could’ve posted it was on my new blog but that doesn’t have many visitors so it wouldn’t get read.

I just got it a couple weeks ago so it’s sort of bare and I’m gonna have to do more to it. Currently I have a few posts plus my review of Queer (In)justice on it.

I am kind of freaking out today because I think I’m experiencing writers’ block, and I’m having trouble even thinking of topics to write on, so I think the VRA issue would be great to take on. It’d be awesome to have more readers over there! :)

When do you think would be a good week to do it? Any time is really good for me.

hi, indie. The Voting Rights Act is indeed in danger, and I think your piece will be so important. look forward to reading it.

Anonymous

Hey Kay Happy new year! And it’s not very surprising that the VRA would be in danger – I think more attention should have been paid to John Roberts’ history before he was confirmed. One of his missions in life was to get rid of affirmative action and any other programs designed to help equalize the races in even any small way.

He was undoubtedly a ‘qualified’ judge in the sense of being intelligent and experienced, but he had all the wrong views for the court and he’s been a big leader in all the cases that have resulted in racist results. He used that intelligence for evil things.

I agree that the SCOTUS is so politicized and tarnished in so many ways the collision has caused so much pain already. I don’t see it acting in fairness and if I may say so…some of the people on the bench are the worst type of bigots. Unless that bench is cleaned up, there ain’t going to be fairness to carry the law as intended. I would think a couple of seats will have to be replaced during the next President’s term. That by itself is a reason for me to work harder.

Glad to hear Montana ain’t having the BS.

Anonymous

Happy New Year, dear friend. All good wishes to you and the fam.

Anonymous

So cool to read about your state supreme court, Kay.

The majority on the Supreme Court needs to be “collided” with. Maybe it’ll knock some sense into them.

(blindyone)

Anonymous

thanks, sns! Great to see you – although I’m replying on Thursday!

The thinking here is that the Right will make sure this gets on the USSC docket in order to deliver a knockout blow to ANY state that dares question Citizens United.

Also, our state supreme court justices are, as in so many other states, elected. So you can just imagine how the corporations are going to try to whittle away at the 5 justices who voted in our favor.

Kay Whitlock

hi, indie. The Voting Rights Act is indeed in danger, and I think your piece will be so important. look forward to reading it.

First day blogging in the New Year and more to come but I will have to read the GG debacle now as it seems that self righteous ass has again gone over board. I had missed it at TPV and heading out there now. Thanks.